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Ohio Questions & Answers
1 Answer | Asked in Adoption and Family Law for Ohio on
Q: I am a female in a domestic partnership. My partner has a son and the father is unknown.

How would my partner go about establishing custody or be able to get custody papers? It isn't something we've encountered until this year. Any suggestions would be appreciated.

Andrew Popp
Andrew Popp answered on May 7, 2021

You can check with the putative father registry. You can find information here:

https://jfs.ohio.gov/pfr/

Best of luck.

1 Answer | Asked in Bankruptcy for Ohio on
Q: Current lawyer handling family issues. Should I seek a new one?

In an open 13. Have urgent issue that need attention immediately. I contacted them last week and no response from them. The attorney is in private practice.

Concerned.

Thanks

Timothy Denison
Timothy Denison answered on May 7, 2021

Schedule an appointment and go see them in person.

1 Answer | Asked in Employment Law for Ohio on
Q: My company in ohio is says that if we forget to clock out for our 30 minute lunch, they will dock us 1 hour. Is it legal
James J. Hux
James J. Hux answered on May 6, 2021

You would need to discuss with an employment law attorney in more detail to be sure, but this definitely sounds like a wage violation. Please reach out to an employment law attorney as soon as possible to discuss what options you have.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Tax Law for Ohio on
Q: Me n my sis inherited trust/house in OH. Will sell. We in FL. Should house be put in our name or leave trust? Tax diff?

We were told cashing check would be easier if house was in our name when sold. However would there be any tax issues if house is in our name when sold as apposed to being in the trusts name.

Andrew Popp
Andrew Popp answered on May 5, 2021

The answer is going to depend on the terms of the Trust. The same holds true for the tax consequences. I recommend speaking with an attorney, either via Zoom or in person, to go through things. A detailed analysis of the Trust will be needed to determine what actions would be most beneficial.... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: I have questions about a expungement and sealing information about cases that are no longer useful on my record.
Matthew Williams
Matthew Williams answered on May 5, 2021

And what is that question?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Ohio on
Q: Estate buyout agreed upon in Ohio. How long before payment?

Hello,

I have recently entered into an agreement through the courts in Ohio to allow for the other Beneficiary of a house that was left to me in an Estate to buy me out. This person continues to live in the house. The judgment was signed by the judge on April 1st, this year, 2021. The... Read more »

Joseph Jaap
Joseph Jaap answered on May 4, 2021

Check the court order for timing of payments. Then talk to the other beneficiary or the attorney to work it out, or use the Find a Lawyer tab to retain a local attorney to assist you.

1 Answer | Asked in Divorce and Immigration Law for Ohio on
Q: Will courts in Ohio terminate a marriage after 19 year separation from spouse?

Married in 2002, he left in 2005 for Mexico and never came back.

Agnes Jury
Agnes Jury answered on May 4, 2021

Yes. Desertion, which also may be referred to as abandonment, is a divorce ground in many states (including Ohio). When one spouse leaves for one year without the consent of the other, this is considered desertion. The length of time required for divorce may vary from state to state, but in Ohio it... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My husband is terminally ill. He has begun to give out household items obtained during our marriage to family & friends

Several of these items I intended to keep or sell to pay off medical bills. Can he do this without my consent?

Andrew Popp
Andrew Popp answered on May 4, 2021

The short answer is, it depends. The devil is in the details unfortunately. For a definitive answer you will need to sit down with an attorney for a full case review where he or she can parse out the situation in detail.

Best of luck.

1 Answer | Asked in Contracts for Ohio on
Q: Can one legally breach a confidentiality contract if they are threatened?

This is not a case, rather a debate. I am told "No judge will uphold a confidentiality contract if the breaching party was threatened to do so". I told them the entire purpose of the agreement is to protect the party being held in confidentiality, especially if the breach leads to their... Read more »

Andrew Popp
Andrew Popp answered on May 4, 2021

Your question is unclear. "No judge will uphold a confidentiality contract if the breaching party was threatened to do so" doesn't make sense. What is the breaching party being threatened against? Signing the contract? Breach? If a contract with signed under duress, it is invalid.... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My brother David is brainwashing my father against me and my siblings.

I believe my brother has been stealing from my father for a long time and has been using me and my siblings for his patsy

Andrew Popp
Andrew Popp answered on May 4, 2021

I don't see a question here. If your father is infirm and/or mentally vulnerable you may want to get in contact with adult protective services. If he is stealing, contact law enforcement. For a full case review you will need to sit down with an attorney to review the facts in detail.... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Ohio on
Q: My/plaintiff's case is in settlement phase. Can my friend be present for moral support during my mtg w/ my lawyer only?
Andrew Popp
Andrew Popp answered on May 3, 2021

Yes. You can have whomever you like along with you for the meeting with your attorney. The lawyer may want you to acknowledge that you are waiving attorney client privilege for subjects discussed at the meeting.

1 Answer | Asked in Car Accidents and Construction Law for Ohio on
Q: Who is at fault for ice buildup due to clogged downspout that subsequently fell 30 feet onto a car?

Car owner parked in a parking lot next to a building. The 30 foot tall downspout had ice accumulation due to the fact it was clogged and did not allow proper water drainage. While away, a large section of ice sheared away from the downspout hitting the car and causing major damage. Ice was large... Read more »

Tim Akpinar
Tim Akpinar answered on May 2, 2021

An Ohio attorney could advise best, but your post remains open for three weeks. It could depend on a number of factors, including condition/maintenance of the waterspout, conditions for use of the lot, warning signs or disclaimers, and other possible factors. An Ohio attorney could offer better... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Why are the renters rights so limited, especially when we've done nothing wrong but be in the wrong house during a sale.

I've been renting at the same place for 7 years. There are now new owners who want to do walkthroughs while I'm still residing there. They raised my rent by $250 and want $1000 security deposit. They have now issued a 30 day notice to vacate. It's so unfair because I have nowhere to... Read more »

Andrew Popp
Andrew Popp answered on Apr 30, 2021

Look to the politicians you vote for. They are the ones that create the laws. If you are renting and the owner chooses to terminate the lease, you need to go. For assistance in finding a new place you can always hire a realtor.

Best of luck.

1 Answer | Asked in Divorce for Ohio on
Q: I was married 35 years. Divorced 10/09/19. The last five years of our marriage we lived in a house owned my my in-laws.

There is a transfer upon death order to my ex when his father passes.

Our divorce papers state when that happens my ex owes me 50% of the equity value at that time.

My ex is currently in the process of buying the house for what his parents owe. His attempt to not have to pay me... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 30, 2021

You should contact a family law lawyer in your area to discuss this and the entirety of the division of your property between you and your ex-----you need to know what's available to you and your options. Good luck.

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: How can I get somebody off the title of a mobile home without buying them out? They are abusive and a drug addict.
Andrew Popp
Andrew Popp answered on Apr 29, 2021

That's equivalent to taking property away from him or her. If they do not voluntarily agree to give or sell you their interest in the property your options are very limited. Being abusive and addicted to drugs does not mean you can take away their things. If you are stuck in a bad situation... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Can you please name a Supreme Court case that impacts your practice of law on a daily basis?
Andrew Popp
Andrew Popp answered on Apr 29, 2021

Since you posted under criminal law, I presume you mean in that area of law? Miranda v. Arizona or Gideon v. Wainwright, or Terry v. Ohio come to mind immediately

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for Ohio on
Q: Former employer's HR retaliated against me for reporting racism in the workplace. I later quit and HR denied benefits/UI

HR (and other supervisors) refused to do anything about racism in the workplace. They lied about company policy and my ability to resolve the issues on my own. And Later when I quit due to these and other conditions, they denied paying out vacation that I was eligible for and entitled to because... Read more »

Kyle Anderson
Kyle Anderson answered on Apr 28, 2021

Hi, more information is needed here. Complaints about racism in the workplace may be protected under Title VII. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Federal Crimes for Ohio on
Q: What is ohio code for v2k
Andrew Popp
Andrew Popp answered on Apr 28, 2021

v2k could stand for a few different things. In order to provide a proper answer, can you rephrase the question?

1 Answer | Asked in Consumer Law, Business Law and Small Claims for Ohio on
Q: I am so livid I am shaking!!!

Is this a case or am I just petty?

I am so livid I am shaking!!!

Andrew Popp
Andrew Popp answered on Apr 28, 2021

I'm sorry, no question is asked here. To determine if you have a viable case I recommend sitting down with an attorney who practices in the area of concern.

Best of luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What rights do we have to take possession of our new house per contract?

We are closing on our new home and the seller has her daughter living there on a month to month lease. She gave her a 30 day notice to vacate On March 2 and again on April 1st. The contract is signed by both the seller and us that we take possession 5 days after close. If the daughter has not... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 27, 2021

If the month to month lease was recorded you would have constructive notice of the lease. As it is, you have actual knowledge that a month to month lease existed, and was terminated by giving a thirty (30) day notice of cancellation on March 2, 2021. As of April 1, 2021, the tenant no longer has... Read more »

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